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AR01 396935 


Sir  Edmuhd  Andros 
COMMISSION 


i£x  ICtfartH 


SEYMOUR    DURST 


~t '  ~Fort  nieuu>    lAm/ltrclam,  oj>  <2e  Manhatarus 


"When  you  leave,  please  leave  this  book 

Because  it  has  been  said 
"Sver'thing  comes  ('  him  who  waits 

Except  a  loaned  book." 


Avery  Architectural  and  Fine  Arts  Library 
Gift  of  Seymour  B.  Dl  rsi  Old  York  Library 


COMMISSION 


OF 


KING  JAMES  THE  SECOND 


TO 


June  39  1686. 


MSS. 


Vol.  IV.— No.  8.  27 


E 

•  FU^ 


Force's  Collection  of  Historical  Tracts. 

Vol.  IV.— No.  8. 


fflgfflll 


1 


1 


1 


I 


vl  11  iv  5J  The  Second  by  the  grace 
of  God  King  of  England  Scotland  France  and 
Ireland  defender  of  the  faith  he.  To  our  trusty 
and  welbeloved  Sr.  Edmund  Andros  Knt. 
Greeting  whereas  the  Goverment  of  that  part 
of  our  Territory  and  Dominion  of  New-England 
hereafter  mentioned  is  now  in  our  hands  and  being 
minded  to  give  all  protection  and  incuragement  to 
our  good  subjects  therein  and  to  provide  in  the 
most  effectuall  manner  for  their  security  and  wel- 
fare, Wee   therefore  reposing  espetiall   trust   and  Constitu  of  Sr. 

A j  •      ti  j  j  t  l*      Edrad.  Andros 

confidence  in  the  prudence  courage  and  Loyalty  to  be  c  t 
of  you  the  said  Sr.  Edmund  Andros  out  of  our  Genii.  &Govr 
espetiall  grace  certaine  knowledge  and  meer  motion  in  Chief. 
have  thought  fitt  to  constitute  and  appoint,  And 
by  these  presents  Do  constitute  and  appoint  you 
the  said  Sr.  Edmund  Andros  to  be  Our  Capt. 
Generall  and  Govr.  in  Chief  in  and  over  all  that 
our  Territory  and  Dominion  of  New-England  in 
America  Commonly  called  and  known  by  the  name  of 
Our  Colony  of  the  Massachusets  Bay,  Our  Colo- 
ny of  New-Plimouth,  and  Our  Province  of  New- 
hampshire  and  Maine,  The  Narraganset  country 
otherwise  called  the  King's  Province  with  all  the 
Islands  rights  and  members  to  the  said  Colonies  &, 
Territories  in  any  wise  appertaining  And  for  your 
better  guidance  and  direction  wee  do  hereby  re- 
quire and  command  you  to  do  &  execute  all  things 
in  due  manner  that  shall  belong  unto  the  said  office 
and  the  trust  wee  have  reposed  in  you  according 
to  the  severall  powers,  Instructions  and  authory- 
ties  mentioned  in  these  presents  or  such  further 
power  instructions  &  authoryties  as  you  shall 
herewith  receive,  or  which  shall  at  any  time  here- 
after 


Commission  of  King  James  II 


after  be  granted  and  appointed  you  under  our 
Signet  and  signe  Manuel!  or  by  our  order  in  our 
Privy  Councill  and  according  to  such  reasonable 
Laws  and  statutes  as  are  now  in  force  or  such 
other  as  shall  hereafter  be  made  and  established 
within  that  our  Territory   and  Dominion  aforesaid 

Oaths  of  Alle-  And  our  will  &  pleasure  is  that  vou  the  said  Sr. 

giancefc trust  Ed        d  Andros  having  /after  y0urarrivall  in  New- 

to    be     given   ~  .&  \  J 

Mutually    by  Lngland  and  publication  ot  these  our  Letters  pat- 
the  Govr.  and  tents  first  taken  the  Oath  of  Allegience  together 

council.  w|tll  t|ie    Qatll  0{  (ju|^r  executing   t}}e  0ffjce  0f  our 

Capt.  Generall  and  Govr.  in  Chiefe  of  our  said 
Territory  and  Dominion  (which  our  said  Councill 
there  or  any  three  of  them  are  hereby  required  au- 
thorized &  impowred  to  give  and  administer  unto 
you)  You  shall  administer  unto  such  of  the  Mem- 
bers of  our  Councill  as  well  the  Oath  of  Allegiance 
as  the  oath  of  the  due  execution  of  their  places  and 
trust  And  wee  do  hereby  give  and  grant  unto  you 
Suspending  fujj  p0wer  anc]   authority   to  suspend  any  member 

IVleinoers      01  .  .  . 

the  councill  of  our  Councill  from  setting  voteing  and  assisting 
i'or  just  cause  therein  as  you  shall  find  just  cause  for  your  so 
doing  And  if  it  shall  hereafter  at  any  time  happen 
that  by  the  death  departure  out  of  our  said  Terri- 
tory or  suspention  of  any  of  our  Councellors  or 
that  otherwise  there  shall  be  a  vacancy  in  our  said 
Five  make  a  Council!  any  five  whereof  wee  do  hereby  appoint 

Quorum  ,  ^    '  -noi  •       i 

to  be  a  Quorum  our  will  &  pleasure  is  that  you 

signify   the  same  unto  us  by  the  first  oportunity 

that  wee  may  under  our  signet  and  signe  manuall 

Justseavento  constitute  and  appoint  others  in  their  roome.    But 

be  and  to  be  that  our  affaires  at  that  distance  may  not  suffer  for 

chosen  of  the  want  0f  due  number  of  Councellors  if  ever  it  shall 


thereTis™  va-  naPPen  tnat  {^ere  are  'esse  tnen  seaven  of  them 
cancy  resident  upon  the  place  wee  do  hereby  give  and 

grant  unto  you  full  power  and  authority  to  choose  as 
many  persons  out  of  the  principall  Inhabitants 
thereof  as  will  make  up  the  full  number  of  our 
Councill  to  be  seaven  and  no  more  which  persons 
by  vertue  of  suchchoyce  shall  be  to  all  intents  and 
purposes  our  councillers  within  our  said  Territory 
untill  they  be  confirmed  by  us,  or  that  by  nomina- 
tion of  others  by  us  under  our  signe  manuall  and 

Signet 


to  Sir  Edmund  Andros. 


Signet  the  said  Councill  shall  have  seaven  persons 
in  it.     And   wee  do  hereby  give  and   grant  unto    Laws   l0  be 
you  full  power  and  authority  by  and  with  the  ad-  q*v®     ^nd 
vice  and  consent  of  our  said  Councill  or  the  Major  Councill 
part  of  them  to  make  constitute  and  ordine  Laws 
statutes  and   ordinances  for    the  publique    peace 
wellfare  good    Goverment  of   our  said   Territory 
snd  Dominion  and  of  the    people  and  inhabitants 
thereof,  and  such  other  as  shall  respect  thereto,  and 
for    the   benefit   of  us  our  heirs  and    successors      Agreable  to 
which   said  Laws    statutes  &    ordinances   are   to  England.8 
be  as  neer  as  conveniently  may  be  agreeable  to  the 
Laws  and  statutes  of  this  our  Kingdom  of  England 
Provided   that  all   such  Laws   Statutes  and  or-    To  be  trans, 
dinances    of   what  nature  or  duration    soever  be  mined    in    3 
within  three  months  or  sooner  after  the  making  of  raon 
the  same  Transmitted  unto  us  under  our  seale  of 
New-England  for  the  allowance  or  disapprobation 
of  them,  as  also  duplycates  thereof  by  the  next  powertoraiSe 
conveyance     And  wee  do  by  these  presents  give  mony  by  the 
and  grant  unto  you   full  power  and  authority,  and  Govr.&Coull. 
with  the  aduice  &  consent  of  our  said  Councill  or  or  majr*  par 
the  Major  part  of  them  to  Impose  and  assesse  &   To  constitute 
raise  and  levy  such   rates  and   Taxes  as  you  shall  taxes    for  the 
find  necessary  for  the  support  of  the  Goverment  support  of  the 
within  our  said  Territory  and    Dominion  of  New-     overm  • 
England  to  be  collected  Levied,  and  to  be  employ- 
ed to  the  uses  aforesaid  in  such  manner  as  to  you 
and  our  said  Councill  or  the  Major  part  of  them 
shall  seeme  most  equall  and  reasonable,  And   for 
the  better  support  of  the  charge  of  the  Goverment 
of  our  said  Territory  and   Dominion  our  will  and 
pleasure  is  and  wee  do  by  these  presents  authorize 
and  require  you  the  said  Sr.  Edmund  Andros  and 
our  said  Councill  to  continue  such  taxes  and  im- 
positions as  are  now  layed  and  Imposed  on  the  in- 
habitants thereof  and  to   Levy  and   distribute  or 
cause  the  same  to  be   Levyed   and  distributed  to 
those  ends   in  the   best   and  most  equall   manner 
untill  you  shall  by  and  with  the  advice  and  consent 
of  our  Councill  agree  on  &  settle  such  other  taxes 
as  shall  be  sufficient  for  the  support  of  our  Gover- 
ment there,  which  are  to  be  applyed  to  that  use 

and 


Commission  of  King  James  II 


Publique  mo- 
ney issued  out 
by  the  Govrs. 
warrant 


Seale     kept 
and  used 


and  no  other  And  our  farther  will  and  pleasure  is 
that  all  publique  money  raysed  or  to  be  raysed  or 
appointed  for  the  support  of  the  Goverment  within 
our  sd.  Territory  and  Dominion  be  Issued  out  by 
warrant  or  order  from  you  by  and  with  the  advice 
and  consent  of  our  Councill  as  aforesaid  And  our 
will  and  pleasure  is  that  you  shall  and  may  keepe 
and  use  our  seale  appointed  or  to  be  appointed  by 
us  for  our  Territory  and  Dominion  And  wee  do 
further  give  and  grant  unto  you  the  said  Sr.  Ed- 
mund Andros  full  power  and  authority  from  time 
to  time  and  at  any  time  hereafter  by  your  selfe  or 
by  any  other  to  be  authorized  by  you  in  that  be- 
halfe  to  administer  and  give  the  Oath  of  Allegiance 
now  established  within  this  our  Realme  of  England 
to  all  and  every  such  person  as  you  shall  think 
fitt,  or  shall  at  any  time  or  times  pass  into  our  said 
Territory  or  shall  be  residing  or  abiding  there, 
And  wee  do  by  these  presents  ordaine  constitute 
and  appoint  our  Govr.  and  Councill  of  our  sd. 
Territory  and  Dominion  for  the  time  being  to  be 
a  constant  and  setled  Court  of  Records  for  the  ad- 
ministration of  Justice  to  all  our  Subjects  inhabiting 
within  our  said  Territory  and  Dominion  in  all 
Causes  as  well  civill  as  criminall  with  full  power 
and  authority  to  hold  pleas  in  all  causes  from  time 
to  time  as  well  in  pleas  of  the  Crown  and  in  all 
matters  relating  to  the  conservation  of  the  peace 
and  punishmt.  of  offendors  as  in  civill  causes 
or  actions  between  party  and  party  or  betweene 
us  and  any  of  our  subjects  there  whether  the 
same  do  concerne  the  realty  and  relate  to  any 
right  of  {freehold  h  Inheritance  or  whether  the 
same  do  concerne  the  personalty  and  relate  to 
matter  of  debt  contract  damage  or  other  personall 
injury  And  also  in  all  mixt  actions  which  may 
concern  the  realty  and  personalty  And  therein  after 
due  and  orderly  procedings  and  Deliberate  heare- 
ing  of  both  sides  to  give  judgment  and  to  award 
execution  as  well  in  criminall  as  in  civell  cases  as 
aforesaid  SO  always  that  the  formes  of  proceedings 
in  such  cases   and  the  judgment  thereupon,  be  as 

consonant 


Oath  of  alle- 
giance given 
by  the  Govr. 
&  others  by 
him  in  au- 
thority 

Govr.    & 
council  a 
court    of    re- 
cords 


Criminall  & 
civil  causes 
In  civill  ac- 
tions reall  per- 
sonall and 
mixt 


Forms    and 
Judgrats.  to  be 


to  Sir  Edmund  Andros. 


consonant  and  agreeable  to  the  Lawes  and  Statutes  a8   consonant 
of  this  our  Realme  of  England  as  the  present  state  }°wgie  ^the 
and  condition  of  our  subjects  inhabyting  within  our  present    state 
said  Territory  and  Dominion  and  the  circumstance  of  the  Placo 
of  the  place  will  admitt  And  we  do  farther  hereby  a  mi 
give  and  grant  unto  you  full  power  and  authority    Governor   & 
with  the  advice  and  consent  of  our  said  Councill  council       to 
to  erect  constitute  and  establish  such  and  so  many  eJ,ect     courts 
courts  of  Judicature  and  publike  Justices  within  £or  ^etennin! 
our  said  Territory  and  Dominion  as  you  and  they  ing  cri<.rinali 
shall  think  fitt  and  necessary  for  the  determining  &    civil   ac- 
all  causes  as  well  criminall  as  civell  according  to  ^J"^  ' 
Law  and  equity  and  for  awarding  execution  there- 
upon,    with  all  reasonable  and  necessary   powers  ec^t[onns 
authorities   fees  and  previledges    belonging    unto 
them     As  Also  to  appoint  and  commissionate  fitt     Fitt  persons 
persons  in  the  severall  parts  of  our  said  Territory  to  t0   administer 
Administer  the  Oath  of  Allegiance  unto  such  as  jegiance  ° 
shall  be  obliged  to  take  the  same.     And  wee  do 
hereby  grant  unto  you  full  power  and  authority  to  Power  to  con- 
constitute  and  appoint  Judges  and  in  cases  requisite  stitute  Judges 
C»     •  \c  j  rp         •  t     <.•  r  commissioners 

ommissionors  Of  oyer   and  lerminer  Justices  of  •    tices  of  thQ 

the  peace   Sherriffs    and  other  necessary    officers  peace  sherriffs 
and    ministers   within  our  said  Territory  for  the  &  officers 
better  administration   of  Justice  and  putting  the  .  . 

Lawes  in  execution  and  to  administer  such  Oath  th°  VaTh^for 
and  Oaths  as  are  usually  given  for  the  due  execu-  executing  offi- 
tion  and   performance  of  offices  and  places  for  the  ces  &  in  Judi" 
cleareing  of  truth  in  juditiall  cases  And  our  farther   ia    cases 
will    and   pleasure  is  and  wee  do  hereby  declare 
that  all  actings  and  proceedings  at  Law  or  equity      proceedings 
heretofore  had   or  done,  or  now  depending  within  &   executions 
any  of  the  Courts  of  our  said  Territory  and  all  in  court  con* 
executions    thereupon  be   hereby    confirmed    and    rmeG' 
continued  so  farr   forth  as  not  to  be    avoided  for    Not    t0    be 
want   or  defect  of  any  legall  power  in  the  said  Stoneg^U 
Courts      But  that  all  &.  every  Juditiall  actings  power  and  au- 
proceedings  and  executions  shall  be  of  the  same  thority. 
force    effect  and  vertue,  as    if  such  Courts  had 
acted  by  a  just  and  legall  authority  And  wee  do 
farther   by  these  presents  will  and  require  you  to 
permitt  appeales  to  be  made  in  case  of  error  from     A    ea]e   t0 
our  Courts  in  our  said  Territory  and  Dominion  of  Govr.     & 

New 


Commission  oj  King  James  II 


council  in  ci-  New-England  unto  our  Govr.  and  Council  in  civell 
IxceedeSVrdoe  cases  PR0VIDED  tne  value  appealed  for  do  ex- 
pounds secu-  ceede  the  Summe  of  one  hundred  pounds  sterling, 
rityby  the  ap-  and  that  security  be  first  duly  given  by  the  appeal- 
pealant.  ant  tQ  answer  sucn  charges  as  shall  be  awarded  in 

case   the   first  sentance  shall   be  afFermed    And 
whereas  wee  judge  it  necessary  that  all  our  subjects 
A    eale  to  ma^  nave  liberty  to  appeale  to  our  Royall  person 
the  King  from  in  cases  that  may  require  the  same.  Our  will  and 
the      council  pleasure  is  that  if  either  party  shall  not  rest  satis- 
value   exceed  fied     ■  ^  tn    juavment  and  sentance  of  our  Govr. 

300        pound  © 

sterling.  and    Council,   they   may    then  appeale   unto  us 

in  our  Privy    Council  Provided  the    matter  in 

The  appeale  difference  exceed  the  reall   value  and  Summe  of 

must  be  with.  tm,ee  hundred  pounds  sterling  and  that  such  ap- 

m  a  fortnight  r  .  »   .  r 

after  sentance  peale  be  made  within  one  fortnight  after  sentance, 

„       ..  and  that  security  be  likewise  duly  eiven  by  the  ap- 

Secunty  given  J  J  &  j  r 

pealant  to  answer  such  charges  as  shall  be  awarded 
in  case  the  sentance  of  the  Governor  and  Council 
Execution  be  confirmed  And  Provided  also  that  execution 
not  to  be  sus-  be    not   suspended   by  reason   of  any   such  ap- 
pended peale  unto  us  And  wee  do  hereby  give  and  grant 
unto  you  full  power  where  you  shall  see  cause  and 

Govr.    may   _         J  r  J  .     %     % 

pardon   offen-  Judge  any  oitendor  or  onendors  in  capitall  and  crimi- 
dors    capitall  nail  matters  or  for  any  fines  or  forfeitures  due  unto 
&     cnminall  us  gtt  0Djects  0f  our  mercy  to  pardon  all  such  of- 
may   repreive  fendors    and   to  remitt  such  fines  and    forfeitures 
in  treason.       (Treasons  and  wilfull  murther  only  excepted)  in 
which  case  you  shall  likewise  have  full  power  upon 
extraordnary  occasions  to  grant  repreaves  to  the 
offendors  therein,  untill  and  to  the  intent  our  plea- 
sure may  be  further  known)  And  wee  do  hereby 
give    and   grant  unto  you  the   said  Sr.  Edmund 
Andros  by  your  selfe    your   Captains   and   com- 
anders   by  you  to  be  authorized  full   power  and 
Govr.tolevy  authority  to  Levy  Arme  muster  command  or  im- 

&c.       inhabi-     ,  ,/  J     ,  ...  ...  . 

tants    against  P«°y  aH    persons  whatsoever  residing   within  our 

ph-ats  enimies  said  Territory  and  Dominion  of  New-England  as 

&  rebells         occasion  shall  serve,  them  to  transferr  from  one 

place  to  another  for  the  resisting  and  withstanding 

of  all  Enemies  Pirats  and  Rebells  both  at  land  and 

Transfer  ^ea'  And  to  transferr  such   forces  to  any  of  our 

forces  for  the  plantations  in  America  as  occasion  shall  serve  for 

the 


to  Sir  Edmund  Andros. 


the  defence  of  the  same  against  the  invasion  or  at-  defence  of 

tempts  of  any  of  our  enemies,  and  them  if  occasion  p  aintatlons 

shall  require,  to  pursue  and  prosecute  in  or  out  of 

the  limets  of  our  said  Territory  and  plaintation  or 

any  of  them,  And  if  it  shall  so  please  god  them  to 

vanquish  and  being  taken  either  according  to  the 

Law  of  arms  to  put  to  death  or  keepe  and  reserve 

alive  at  your  discretion,  Also  to  execute  Martiall   Govr.  to  exe- 

lavv  in  time  of  Invavason  insurrection  or  warr  and  ,cau,le-  ^^l\e 

during  the  continuance  ol    the   same    and    upon  invasion    and 

Souldiers  in  pay  to  do  and  execute  all  and  every  uPon  soldiers 

other  thing  which  to  a  Capt.  Genrll.  doth  or  ought  *  ?LV™V 

oi  right  to  belong  as  iully  and  amply  as  any  ot  our  rll. 

Capt.  Generlls.  doth  or  hath  usually  done.     And 

wee  do  hereby  give  and  grant  unto  you  full  power 

and  authority  to  erect  raise  and  build  within  our   Govr.  to  erect 

Territory  and  Dominion  aforesaid  such  and  so  many    ort3 

forts,  platformes,  castles,  citties,  burroughs  and  for- 

tifycations  as  you  shall  judge  necessary  and  the 

same  or  any  of  them  to  fortifie  and   furnish  with 

Ordinance  ammunition  and  all  soarts  of  armes  fitt  and 

necessary  for  the  security  and  defence  of  our  said 

Territory  and  the  same  againe  or  any  of  them  to    A    w, 

,.,./,.  ii  .  And  the  same 

demolish  or  dismantle  as  may  be  most  convenient  to  demolish 

And  wee  do  hereby  give  and  grant  unto  you  the 

said  Sr.  Edmund  Andros  full  power  and  authority 

to  erect  one  or  more  Court  or  Courts  Admirall 

within  our  said  Territory  and  Dominion  for  the 

heareing  and  determineing  of  all  Marine  and  other 

causes  and  matters  proper  therein  to  be  heard  and 

determined  with  all   necessary  power  authorities 

fees  and  preuiledges.    And  you  are  to  execute  all 

powers  belonging  to  the  place  and  Office  of  Vice    Govr.  to  exe- 

Admirall  of  and  in  all  the  seas  and  coasts  about  cutej?<>wer  «f 

your  Goverment  according   to   such  Commission 

authority  and  instructions  as  you  shall  receive  from 

our  selfe  under  the  seale  of  our  Admiralty,  or  from 

our  high  Admirall  of  our  fforraign  plantations  for 

the  time  being  And  for  as  much  as  divers  muty- 

nies  and  disorders  do  happen  by  persons  shipped 

and  imployed  at  Sea,  and  to  the  end  that  such  as 

shall  be  shipped  or  imployed  at  sea  may  be  the 

better    governed    and   ordered   Wee    do   hereby 


10  Commission  of  King  James  II 

Govr.  to  ap.  give  &  grant  unto  you  the  said  Sr.  Edmund  An- 
8h°ipstanrdcom.f  dl0S  our  CaPu  Generall  and  Governor  in  Chief 
manders  and  full  power  and  authority  to  constitute  &  appoint 
grant     them  Captains  Masters  of  Ships  and  other  Commanders 

ex™cu!oBlmar!  And  to  §rant  unt0  such  CaPtains  Masters  of  Ships 
tiall  law  upon  and  other  Commanders  Commission  to  execute  the 
mutineers &c.  Law  Martial!  and  to  use  such  proceedings  authori- 
ties   punishments  correction  and   execution   upon 
any  offendor  or  offendors  which  shall  be  mutenous 
seditious   disorderly  or  any  way  unruly   either  at 
sea  or  during  the  time  of  their  aboad  or  residents 
in  any  of  the  ports  harbours  or  Bays   of  our  said 
Territory  and  dominion  as  the  case  shall  be  found 
Provided  not        require   according  to  martiall  Law  Provided 

to  hold  plea  ot  1  .    o  *" ■ 

offence  done  that  nothing  herein  contained  shall  be  construed 
upon  the  sea  to  the  inabling  you  or  any  by  your  authority  to 
or  havens  n-  ^  jj    jea  or  jlaye  jurjscijctjon  0f  ar)y  offence  cause 

vers    &c.    by  r  ,  / 

any  in  actall  matter  or  thing  committed  or  done  upon  the  Sea,  or 
service  on  within  any  of  the  Havens  Rivers  or  Creeks  of  our 
board     ships      ^  Territory  and  Dominion    under  your  Gover- 

actmg  by  im-  J  .- / 

mediato'com-  ment  by  any  Captaine  Commander  Leilt.  Master 
mission  from  0r  other  officer  seamen  soldier  or  person  whatsoe- 
tho  King  or  vef  wjJQ  gj]ajj  ^e  jn  actuaU  servise  ancJ  pav  in  ancj 
high       admi-  ,  c  c  c  r   J 

rail.  on   board    any  ol    our  Shipps  ol   warr  or    other 

Vessells  acting  by  Immediate  commission  or  war- 
rent  from  our  selfe  under  the  Seale  of  our  Admiralty 
or  from  our  high  Admirall  of  England  for  the  time 
being.     But  that  such  Captain  Commander  Leift. 
Master  officer  Seaman  Souldier  and  other  persons 
But  he  shall  s0  offending  shall  be  left  to  be  proceeded  against 
be    proceeded  ^^  tryed  as  the  merrit  of  their  offences  shall  require 
commission      either  by  Commission  under  our  great  Seale  of  En- 
according    to  gland  as  the  Statute  of  the  Twenty  eighth  of  Henry 
?en*  h8th8th  the  E''ont  directs  or  by  Commission  from  our  High 
Admiral!     13  Court  of  Admiralty,  according  to  the  Act  of  Par- 
ch :  2 :  liament    passed   in    the    thirteenth    yeare  of    the 
Reigne  of  the  late  King  our  most  deare  and  most 
entirely  beloved  Brother  of  ever   blessed  memory 
entituled  an  act  for  the  establishing  articles  and 
orders   for  the  regulating  and  better  goverment  of 
his  Majesties  navie  ship  of  warr  and  forces  by  Sea, 
and  not  otherwise,     saving  oncly  that  it  shall  and 

may 


to  Sir  Edmund  Andros.  1 1 


may  be  lawfull  for  you  upon  any  such  Captaine  or    Power  to  the 
Commander  refuseing  or  neglecting  to  execute  or  pend'comman- 
upon  his  negligence  or  under  execution  of  any  the  ders  refuseing 
written   orders  he  shall  receave  from  you  for  our  or    neglecting 
servise  and  the  service  of  our  said  Territory  and   °  execu  e* 
Dominion  to  suspend   him  the  said  Captaine  or 
Commandor  from  the  exercise  of  his  said  office  of 
commandor  and  comitt  him  into  safe  custody  either  Commit  him 
on  board  his  owne  ship  or  else   where  at  the  dis- 
cretion of  you   in  order  to  his  being  brought    to 
answer  for  the  same  by  commission  either  under 
our  great  seale  of  England  or  from  our  said  High 
Admirall  as  is  before  expressed.     In  which  case 
our  will  and   pleasure  is  that    the  Capt.  or   com-  commander6 
mandor  so  by  you  suspended  shall  during  such  his  succeded     by 
suspention  and  commitment  be  sucseeded  in  his  f»e  nex  com- 
said  office  by  such  Commission  or  warrent  officer  Isslon  °   cer* 
of  our  said  ship  appointed  by  our  selfe  or  our  high 
Admirall  of  England  for  the  time  being  as  by  the 
known  practice  and  discipline  of  our  Navy  doth  and 
ought  next  to  succeed  him,  as  in  case  of  death  sick- 
ness or  other  ordnary  disability  hapningto  the  Com- 
mandor of  any  of  our  shipps  and  not  otherwise 
You  standing  also  accountable  unto  us  for  the  truth 
and  Importance  of  the  crimes  and  misdemeanors      Q0VTt     a(V 
for  which  you  shall  so  proceed  to  the  suspending  countable   for 
of  such  our  said   Capt.  and  Commandors    Pro-  fhe  truth  and 
vided    also  that  all  disorders  and  misdemeanors  {"e  Suspended 
committed  on  shoar  by  any  Capt.  Commander  Leift.  officers  crimes. 
Master  or  other  officers  seamen  Soldier  or  person 
whatsoever  belonging  to  any  of  our  shipps  of  warr     Proviso   for 
or  other  Vessells  acting  by  immediate  commission  or  ^^hoare"1™ 
warrant  from  our  selfe  under  the  seale  of  our  Ad-  betryedbythe 
miralty  or  from  our  high  Admirall  of  England  for  laws  of    the 
the  time  being  may  be  tryed  and  punished  accord-  v  ace- 
ing  to  the  Laws  of  that  place  where  any  such  dis- 
order offences  and  misdemeanors  shall  be  so  com-  Notwithstand- 
mitted  on  shoare  notwithstanding  such  offender  be  ing  the  offend- 
in  our  actuall  servis  and  boarn  in  our  bay  on  board  er  be  in  actu- 
ally such  our  Ships  of  warr  or  other  Vessells  acting  ~L  Ber7ls , m 

i      •  ,.  r      .     .  r  irb  any  such   ship 

by  immediate  commission  or  warrant  from  our  selle  acting 

or 


12  Commission  of  King  James  11 

or  our  high  Admirall  as  aforesaid  so  as  he  shall  not 
receave  any  protection  for  the  avoiding  of  Justice 
for  such  offences  committed  on  shoar  from  any  pre- 
tence of  his  being  imployed  in  our  servis  at  Sea. 
And  wee  do  likewise  give  and  grant  unto  you  full 
Gow.  &  coun-  power  and  authority  by  and  with   the  advice  and 

with  the  pfan!  consent  °^  0lH'  sa'^  Councill   to   agree  with    the 
ters  for  lands  plainters  and  Inhabitants  of  our  said  Territory  and 
of  the  Kings     Dominion  concerning  such   lands  tenements   and 
heriditiments  as  now  are  or   hereafter  shall    be  in 
for  Serins  and  our  Power  t0  dispose  of  and  them  to  grant  unto  any 
qitt  rents  to  be  person  or    persons  for    such  terms    &  under  such 
appointed    by  moderate  quit  rents  services  and  acknowledgments 
us     ajes  le.     tQ    ke    tnereUpon    reserved    unto    us    as   shall  be 
appointed  by   us    which  said   grants    are  to  pass 
Grants  under  an      ^e   sea'ed    by    our    seale    of    New-England 
New  England  (being  entred  upon  record  by  such  officer  and  offi- 
scale     entred  cers  as  you  shall  appoint  thereunto)  shall  be  good 
upon  recor       ancj  efj*ectua||  jn  Law  against  us  our  heirs  and  suc- 
cessors.    And  wee  give  you   full    power  &i  au- 
Govr  &coun   tnority  to  appoint  so  many  Faires  Marts  and  mar- 
cill  to  appoint  kets  as  you  with  the  aduice  of  our  said  Council  shall 
fairesandmar-  think  fit  As  Likewise  to  order  and  appoint  within 

boUSrsP°rtS  haN  our  said  Territory  suctl  and  s0  many  Ports>  Har- 
bours, Bays,   Havens   and  other   places   for    the 
conveniency  and  security  of  shipping  and  for  the 
better  loading  and  unloading  of  goods  and  merchan- 
dize as  by  you  with  the  aduice  and  consent  of  our 
Councill  shall  be  thought  fitt  and  necessary  and  in 
them  or  any  of  them  to  ei;ect  constitute  and  ap- 
Custome.  point   Customehouses,  warehouses  and  officers  re- 
houses   ware-  latino*  thereunto,  and  them  to    alter  and  change 
officers  to  alter  P^ace  anc^  displace  from  time  to  time  as  with  the 
or  displace,      advice  aforesaid  shall  thought  fitt.     And  above  all 
things  wee  do  by  these  presents  will  and  command 
you  to  take  all  possable  care  for  the  discountenance 
Vicediscoun-  of  vice  and  incuragement  of  vertue  and  good  liveing 
tenanced         ^^  ^  such  exampie  tne  lnfidells  may  be  invited 
&    desire   to   partake  of  the  Christian   relidgion. 
And  for  the  greater  ease  and  satisfaction  of  our 
loving  subjects  in   matters  of  Relidgion  Wee  do 
hereby  will   require  and  command   that  liberty  of 

conscience 


to  Sir  Edmund  Andros.  13 

conscience  be  allowed  to  all  persons  and  that  such        Liberty  of 
especially  as  shall  be  conformable  to  the  rights  of  cTurchTf  En- 
the   Church   of  England   be  perticulerly  counte-  gland  perticu- 
nanced  and  incuraged  And  for  as  much  as  pur-  ler'y   encura- 
suant  to  the  Laws  and  Customs  of  our  Colony  of  ge 
the  Massathusets  Bay  and  of  our  other  Colony 
and    Provinces    aforementioned    divers    marriages 
have  been  made  &  performed  by  the  Magestrates 
of  our  said  Territory  our  Royall  will  and  pleasure  jyiarriaffescon 
is  hereby  to  confirme  all  the  said  Marriages  and  to  firmed 
direct   that  they  be  held   good  and  valued  in   the 
same  manner  to  all  intents  and  purposes  whatsoever 
as  if  they  had  been  made  and  contracted  according 
to  the   Laws  established  within  our  kingdome  of 
England  And  wee  do  hereby  require   and   com- 
mand all  officers  h   ministers  civill  and   Millitary    Officers  civil 
and  all  other  inhabitants  of  our  said  Territory  and  J^hlJS^ 

_        .    .  ,         ...  .  .  ,.  i   *      •    •  -  inhabitants  to 

Dominion  to  be  obedient  Aiding  and  Assisting  unto  be      obedient 
you  the  said  Sr.  Edmund  Andros  in  the  execution  aiding  and  as- 
of  this  our  commission  and  of  the  power  and  au-  slstinS 
thority  herein  mentioned  and  upon   your  death  or   powerstotnQ 
absence  out  of  our  said  Territory  unto  the  Com-  commander  in 
mander  in  chief  to  whome  we  do  therefore  by  these  cheife  upon  the 
presents   give  and   grant  to  all  and   singular  the  Govrs-death 
powers  and  authorities  aforesaid  to  be  exercised 
and  enjoyed  by  him  during  our  pleasure  or  untill 
your  arrivall  within  our  said  Territory  and  Domin- 
ion And    if  in  case  of  such   death  or   absence,      «,. 

it  11  -ii  Where      no 

there  be  no  person  upon   the  place  appointed  by  commandr.  in 
us  to  be  commander  in  Chief  our  will  and  pleasure  cheife  appoint. 
is  that  the  then  present  Council  of  our  said  Terri-  council1686"© 
tory  aforesaid  do  take  upon  them  the  administra-  govern, 
tion  of  the  Goverment  and  exercise  this  Commission 
and  the  Severall  powers  and  authorities  herein  con- 
tained and  that  the  first  counciller  who  shall  be    First     coun- 
at  time  of  your  death  or  absence  residing  within  ^J      to  pre" 
the  same  do  preside  in  our  said  Councill  with  such 
power  and  preheminances  as  any  Forine  president 
hath  used  and  enjoyed  within  our  said  Territory  or 
any  other  our  plantations  in  America  untill  our 
pleasure  is  further  known  or  your  arrivall  aforesaid. 
£ltl5  Lastly  our  will  and  pleasure  is  that  our      commission 
Commission  bearing  date  the  seaven  and  twentieth  27th  Sepr.  8f>. 

Dav 


14   Commission  of  King  James  II  to  Sir  Edmund  Andros. 

to  cease  from  Dav  0f  September  in  the  first  yeare  of  our  Reigne 
thuICatl0n  of  constituting  our  trusty  and  well  beloved  Joseph 
Dudley  Simon  Broadstreet  William  Stoughton 
Esqrs.  and  others  to  be  our  president  and  councill 
of  our  Territory  and  Dominion  of  New-England 
doe  from  the  publication  of  these  presents  cease 
and  become  voide  And  that  You  the  said  Sr.  Ed- 
mund Andros  shall  and  may  hold  execute  and  enjoy 
the  office  and  place  of  our  Captain  Generall  and 
Governor  inCheifin  and  over  our  Territory  and 
Dominion  aforesaid  with  all  its  Rights  members 
and  Appurtenances  whatsoever,  Together  with 
all  and  Singular  the  powers  and  authorities  hereby 
granted  unto  you  for  and  during  our  will  and 
pleasure  In  Witness  whereof  wee  have  caused 
these  our  Letters  to  be  made  pattents  Witness 
our  selfe  at  Westminster  the  third  day  of  June 
in   the  second   yeare  of  our  Reigne. 

Per  Breve  De  Privato  Sigillo 

BARKER 


